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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 51068
Experience:  24 years experience. Admitted in New South Wales and the UK.
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If I have a criminal record over 40 years ago would it stop

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If I have a criminal record over 40 years ago would it stop me applying for a visa
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I am British born in England and want to go to Australia
JA: Have you talked to a lawyer about the visa?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I emegrated to Australia with my parents in 1967 but my father died there in 1969 so we came back to england
Customer: replied 6 days ago.
Have you got a answer

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

It may but you wont know until you apply

But being so long ago and a clear record in the last 40 years is in your favour.

You have to be a good character.

The Australian system says you are not of good character if you have a substantial criminal record. The act says

You have a substantial criminal record for the purposes of the character test in the Migration Act if you have been:

  • sentenced to death or imprisonment for life
  • sentenced to a term of imprisonment of 12 months or more
  • sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more
  • found by a court to not be fit to plead in relation to an offence but found to have committed the offence and detained in a facility or institution

https://immi.homeaffairs.gov.au/help-support/glossary#substantial-criminal-record

The character requirements are all set out in the following link

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character

You cannot apply on your own but you can use an agent and there are some in the UK

Use the next link to search for the closest one to you

https://www.mara.gov.au/

I know there is a few in london

It is possible to get a visa

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

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Thank you for using Justanswer and I look forward to assist in the future as required.

 

Regards
Leon

Leon and other Australia Law Specialists are ready to help you
Customer: replied 5 days ago.
So if I have been in prison for 12 months I cannot holiday in Australia

You can but you have to apply and get approved. You cannot come on an electronic visa.

 

Customer: replied 5 days ago.
Thank you

You are very welcome